Jenkins v. Johnson

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal involving intestate succession to title to real estate, we consider whether children born out of wedlock are required to comply with the proof of paternity provisions of Code § 64.1-5.1(4), relating to "the settlement of [a] decedent's estate," in order to assert their rights as legal heirs to real property owned by a decedent.

In October 1992, Joseph A. Jenkins (Joseph) died intestate. At the time of his death, Joseph was married to Madelyn A. Jenkins (Jenkins), and the couple had four children who were born during the marriage. Before…